Former rule : summons directed to

person not enumerated therein is

allowed as long that it is forwarded
to the specific person indicated
under the law. This ruling today is
not applicable.

5-1

Notes
5-1

Jan 31, 2013, 2:21 PM

Pro-forma motions

(1) The Court has consistently held that a motion which does not meet the requirements of Sections 4 and
5 of Rule 15 on hearing and notice of the hearing is a mere scrap of paper, which the clerk of court has no
right to receive and the trial court has no authority to act upon. Service of a copy of a motion containing a
notice of the time and the place of hearing of that motion is a mandatory requirement, and the failure of
movants to comply with these requirements renders their motions fatally defective (Vette Industrial Sales
vs. Cheng, GR 170232-170301, Dec. 5, 2006).

(2) A pro forma motion is one which does not satisfy the requirements of the rules and one which will be
treated as a motion intended to delay the proceedings (Marikina Development Corporatoin vs. Flojo, 251
SCRA 87).

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